DMV: Faulty inspection leads to manslaughter charge

Mechanic Steven Jalbert appears at his arraignment at Tuesday at Vermont Superior Court in Barre. He is charged with involuntary manslaughter and reckless endangerment.(Photo: GLENN RUSSELL/FREE PRESS)Buy Photo

BARRE – A central Vermont mechanic has been arrested on charges of manslaughter and reckless endangerment in connection with approving a state inspection for a defective car that later crashed, killing a woman, the authorities said.

Steven Jalbert, 30, of Barre pleaded not guilty to the two charges during a brief hearing Tuesday afternoon in Vermont Superior Court in Barre.

Judge Kevin Griffin agreed with the request by the Attorney General’s Office to release Jalbert on conditions, including he refrain from driving vehicles until he is legally licensed and that he have no contact with the victim’s family.

The charges stem from a crash that killed Elizabeth Ibey, 82, of Barre Town on July 5, 2014, court records show.

The driver, Donald Ibey, 86, of Barre Town reported he was traveling down a steep section of Hill Street in the 22-year-old car “when he heard a pop,” Barre police reported after the crash.

The 1992 four-door silver Chevrolet Corsica sedan continued out of control and crashed near Nelson Street. Elizabeth Ibey died at the scene, police said.

Jalbert, who is employed at the family’s business, A.J.’s Sunoco on Washington Street in Barre, conducted a faulty annual inspection less than two months before to the fatal crash, said Glen Button, director of enforcement for the state Department of Motor Vehicles.

The inspection sticker was issued May 9, 2014, with visibly unsafe conditions showing, records indicate. The Ibey car traveled only 383 miles from the time of the inspection until the crash, DMV Lt. Tim Charland said in a court affidavit.

The DMV asked George Maglaris of South Burlington, a forensic expert on motor vehicles and a recognized court expert, to check the car.

The 17-page affidavit by Charland outlines the poor condition of the car with extensive rust, especially on the rocker panels. DMV Investigator David Evans, a former Stowe police officer, and Maglaris were part of the subsequent inspection.

The multiple problems uncovered after the crash were “more than likely” also present when Ibey car received its 2013 inspection sticker, Charland wrote.

Jalbert provided three voluntary sworn recorded statements that included “several admissions about his failure to properly inspect Ibey’s vehicle,” Charland said.

“Steven Jalbert displayed no signs of remorse or concern over his involvement in the matters leading to the death of Mrs. Ibey. In fact, he sowed more concern about their inability to conduct vehicle inspections in the future,” Charland wrote.

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A.J.'s Sunoco on U.S. 302 in Barre on Tuesday, August 11, 2015.(Photo: GLENN RUSSELL/FREE PRESS)

During an Aug. 24, 2014, statement, Jalbert said he replaced one of the rear brake lines and the other three “showed indications of serious rust and corrosion” in April 2012. Jalbert said Ibey didn’t want them replaced, but also could not remember what he used for a reason.

Three weeks later Jalbert put a new inspection sticker on the car. Jalbert’s father passed the car in May 2013 and Steven Jalbert did the state inspection again in May 2014, Charland said.

During a September 25, 2014, interview, Jalbert said he never placed the car on a lift while doing the May 2014 inspection and he never took it for a test drive before putting the sticker on, Charland said.

Jalbert also said he never removed a tire to check the braking components and he never conducted — and was unaware — that was expected to conduct a 150 pounds per square inch brake test.

However, Steven Jalbert maintained the service station never received the 2013 inspection manual from the Vermont DMV. When Evans and Charland asked him and his father to double check. As the Jalberts rummaged through a cabinet, Charland said he spotted a yellow envelope from DMV. He asked them to open the envelope and they removed an unused inspection manual, he wrote.

Investigators returned to the station in Oct. 23, 2014, and found the 2011 manual on Steve Jalbert’s desk, Charland said. When asked what happened to the 2013 edition, it was found on a shelf in the office. Charland said he seized the 2011 as evidence.

Fighting the charges

DMV Capt. Drew Bloom and Charland arrested Jalbert at the service station shortly before his arraignment Tuesday. Jalbert said nothing during the hearing.

Defense lawyer Hal Stevens of Stowe, after the hearing, questioned how the state will be able to prove “beyond a reasonable doubt” that there was a link between the state inspection and the fatal crash two months later.

Stevens said he expects the defense will hire its own expert mechanic to comb through the evidence.

At A.J.’s Sunoco following the arraignment, Jalbert’s parents, Albert and Joyce Jalbert, said they plan to withhold comment and see how the case plays out in court. State records show Jalberts have owned and operated the service station since 2004.

Maglaris, the state’s expert mechanic, said, based on the age and condition of the car he suspected, the lower rocker panel/frame rails were most likely rotted away,” Charland wrote. The rot would have forced the engine into the passenger compartment during the crash instead of forcing it downward, Maglaris reported.

When the car was put on a lift, Maglaris reported the brakes failed to function and the pedal had no tension, Charland said.

“We observed extensive rust, corrosion and deterioration to the vehicle right and lift side, rocker panels/frame rails,” Charland wrote. The condition “significantly reduced the structural integrity of the vehicle to withstand a front-end collision,” he wrote.

The manslaughter charge alleges Jalbert “acted with criminal negligence in conducting a motor vehicle safety inspection, causing the death of Elizabeth Ibey.” The reckless-endangerment charge maintains that he “placed Donald and Elizabeth Ibey in danger of death or serious bodily injury in recklessly conducting a motor vehicle safety inspection.”

Judge Griffin ordered Steven Jalbert to refrain from driving any vehicle until he clears up his license suspension in New Hampshire.

If convicted, Jalbert faces up to 15 years in prison on the manslaughter charge and up to one year on the reckless endangerment count, court documents state.

Vermont inspections

The state of Vermont has required safety inspections since 1935 to ensure vehicles are operated in a safe condition.

“Every car, truck and motorcycle registered in Vermont is subject to an annual safety equipment inspection,” said Button, who oversee enforcement for DMV.

He said it is important for each to follow the standards established for all stations.

“Most inspection mechanics perform a thorough examination of a vehicle to certify it meets safety equipment standards. There are a small number of licensed inspection mechanics who affix an inspection sticker to a vehicle without giving the level of scrutiny necessary to assure the vehicle is safe to operate on the highway,” Button said.

“Unfortunately, operating a vehicle with defective equipment can lead to tragedy,” he said.

This story was originally posted online on Aug. 11, 2015. Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.